Other conditions decisions — 2012

The Board has reopened the Veteran's claim of service connection for chronic viral infection, including Epstein-Barr virus. The evidence shows that the Veteran currently suffers from a diagnosis of chronic Epstein-Barr virus and this condition is likely related to his military service.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims for service connection for lost teeth (dental disability) and an acquired psychiatric disorder. The original denial of these claims remains final.

The Veteran's service-connected right great toe disability is rated at 10 percent since October 7, 1992. The claim for depressive/anxious mood as secondary to the service-connected right great toe disability has been granted with an effective date of October 3, 2006.

The Board has determined that the appellant's claimed bilateral foot disorder was not incurred or aggravated by service, and thus denied her claim for service connection.

The Veteran's gouty arthritis of the feet is currently rated at 20 percent, but less than the maximum allowable under VA regulations. The RO has granted an increased rating for this condition.

The Board has determined that additional development is needed, including obtaining the Veteran's service treatment records and medical evidence related to his claimed disabilities. The Veteran's claim for PTSD will be reviewed in light of a newly-amended regulation regarding stressor events. The issue of entitlement to a total disability rating based upon individual unemployability due to service-connected disabilities has also been raised and is being remanded.

The Veteran's appeal is remanded for additional development, including a new VA examination to assess the severity of his service-connected back disability and any related lower extremity disorders. The issue of entitlement to total disability rating based on individual unemployability will be deferred until further notice.

The Board found that the Veteran's right fifth metacarpal fracture residuals do not meet the criteria for a compensable rating, as they only manifested slight limitation of motion.

The Board denied service connection for residuals of a cold injury to the right lower extremity and PVD of the RLE, finding that there was no evidence linking these conditions to the Veteran's military service.

The Veteran's request for waiver of recovery of an overpayment in the amount of $12,898.00 was denied due to it being untimely filed more than 180 days after notification and because he did not file a timely appeal regarding the underlying debt.

The Veteran's right eye disability is not manifested by incapacitating episodes having a total duration of at least 6 weeks during the past 12 months, and therefore, an evaluation in excess of 40 percent disabling for this condition has not been met.

The Board has reopened the Veteran's claim for service connection for TMJ dysfunction and remanded it for further development, including a VA examination by a dentist.

The Board has remanded the case to obtain a VA medical opinion regarding whether the Veteran's death was caused or hastened by exposure to Agent Orange. The appellant seeks service connection for the cause of her husband's death, but there is no evidence that he served in Vietnam and thus no presumption of service connection applies.

The Board has granted a rating of 30 percent for the appellant's residuals of fractures of the right humerus, effective from December 10, 1991 and prior to November 20, 1996. The current condition is manifested by limitation of flexion to at most 70 degrees, medial tenderness, and a palpable mass, without limitation of extension or chronic forearm impairment.

The Veteran's claim for a temporary total rating due to convalescence from surgery on his left thumb was granted in an August 2011 rating decision, providing the Veteran with a total disability rating for a period of three months. The appeal is dismissed as there remains no allegation of specific error of fact or law.

The Veteran's service-connected patellofemoral syndrome of the right and left knees are currently rated at 10 percent each, encompassing their degenerative arthritis.

The Veteran's claim for benefits under 38 U.S.C.A. § 1151 for additional disability of a nervous disorder resulting from treatment at a VA facility was denied as the evidence did not establish that his condition resulted from such treatment.

The Board has reopened the Veteran's claims for service connection for cardiac arrhythmias and residuals of myocardial infarction, finding new and material evidence. The claims are now remanded to provide a VA examination and address the etiology of any heart disorder.

The Board has remanded the case for further development due to inadequate medical opinions and new evidence, including a potential asbestos exposure claim.

The Board has determined that the Veteran's cause of death, glioblastoma multiforme, is etiologically related to his military service exposure to Sarin gas during the Gulf War. The claim for service connection for the cause of the Veteran's death is therefore granted.